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Woman Sues Walmart For $0.02 Price Discrepancy, Wins $180, Not as Frivolous as It Sounds

There are a lot of people who will say that Walmart has some bad business practices, treats their employees and customers poorly, and puts small companies out of business. There are less that are willing to take them to task on it. There is only one who would do it over 2 cents and principle: Mary Bach of Pennsylvania. When she was charged an additional 2 cents on top the listed price for her Banquet “Brown ‘N Serve” sausages –something she claims has happened more than once — she decided to sue, won, and was awarded $180.

From the get-go, this case seems to have all the hallmarks of frivilous, “I’ll sue you and your dog!” litigation, but Bach claims there’s more to it and I’m inclined to believe her. This is not Bach’s first suit against Walmart. In fact, she’s sued five times in the past for exactly the same thing: Being charged more money than the listed price. While it’s only a few cents, given the freqeuncy of the event and the number of customers Walmart has daily, Back thinks this amounts to some serious unearned, dishonest revenue.

This story, despite having a distinct weird-news vibe, also relates back to a growing problem we’re seeing in the corporate world today: Patent trolling. While the two have their differences (and a lot of them) both function on the basic concept of gleaning small (or sometimes not so small) amounts of money from arguably innocent parties and leveraging the loss against a larger loss or massive inconvenience. It seems insane for Bach to have sued (five times no less) over a matter of cents, but from a matter of principle, it really is something worth fighting and calling attention to. So far, the litigation hasn’t any result on policy it seems, but although it might be easy to label Bach as the woman who sued over 2 cents, she’s really the woman who bothered to sue over a matter of principle, because principle is worth way more to her than it is to the rest of us. Good on her.

(via Jezebel)

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    • Knowbody Knows

      Yea, I can it now.  Walmart executives laughing manically over their evil conspiracy!  The reality is people that put up the price signs aren’t always the sharpest pencils in the box.

    • Anonymous

      That’ll pay for legal fees.  Got you Wal-Mart!

    • Anonymous

      ” although it might be easy to label Bach as the woman who sued over 2
      cents, she’s really the woman who bothered to sue over a matter of
      principle, because principle is worth way more to her than it is to the
      rest of us”

      So explain the principle she sued for.  Is it the principle that stores should never make mistakes? Hey, while they scan your items the price of each item flashes up on the little screen by the cash register.  If you get overcharged it’s your fault for not watching the prices as they flash up on the screen.  OK, you’re too fvcking stupid to watch the prices on the screen?  Fine, even idiots get a second chance… they can look at the receipt they receive and check the prices that way.  Any time I’ve been overcharged the store has never argued, they just refund the money immediately.  I’ve even gone home and checked the receipt, found they overcharged and went back to the store and received a refund.  So what happened to this stupid b1tch?  Obviously she discovered the overcharge but never asked for a refund. How do I know that? Because if she HAD asked for a refund they would have given it to her. How do I know that? I just told you…because they do that for me any everybody else I know. Instead the b1tch filed suit. So, back to the question I asked at the top, the matter of principle she sued for was the right to demonstrate to everybody that she’s a miserable, stunned cvnt. I’d say she was very successful in that endeavor.

      There will always be pricing mistakes, ALWAYS. People enter the prices incorrectly into the database the scanners get their prices from and shelf stockers dial the wrong price into their label machines. It happens because they’re human and no amount of litigation will ever put an end to that.  For Bach or any judge to say that those mistakes are intentional is absurd.  Prove it. Anyway, if you don’t catch those mistakes (or cheats if you prefer) and demand a refund then too bad for you.

      Finally, If stores had to double check the price on every item in the store, prices would have to be higher to pay for the required manpower.  You want that? Buying at a store is a 2 way transaction. Arriving at a proper price is as much YOUR responsibility as it is the store’s. They don’t point a gun at you and take your money.  They scan your items and tell you the total they *think* you should pay.  You’re not required to accept that total.  You can dispute it if you want.  You can just leave the items sitting there and not give them any money and leave the store if you want. But if you just pay without checking or don’t ask for a price correction if you find an overcharge then that means you accept any mistakes they made. I don’t think this story ever actually happened.  I can’t see any judge awarding in her favor.

    • Dreamweaver5521

      First off with rapid ROLL BACKS you know the ones people shop there for. even our high tech age can’t keep up with the speed. Customer service will easily fix that she just wanted to waste lots of time and money for something she could have stood another 1-5 min in line for. People like this who make walmart seem more petty than it is. You try running a store with willions and millions of products thousands of which are changing prices daily. Good luck keeping it up

    • joe jim

      she sued 5 times? why the hell did she keep ging back to walmart? 

    • http://Geekosystem.com Eric Limer

      That is a FANTASTIC question.

    • Wallycleaver

      She keeps going knowing that eventually she’ll have a case for a big lawsuit.  This has nothing to with principle (that’s her cover story) she’s looking for the big payout.

    • blackbart

      That just means you missed the point entirely. You have no principles or any concept
      of them.  Keep buying and keep paying too much because your too lazy to pay attention. 

    • Aaron Kingery

      “Buying at a store is a 2 way transaction. Arriving at a proper price is as much YOUR responsibility as it is the store’s. They don’t point a gun at you and take your money.  They scan your items and tell you the total they *think* you should pay.”
      This is total crap. They mark the item with a price. This marked price is there agreement to sell it to you at that price. Changing this price at the register is wasting my time as well as breaking an already arrived at agreement. What if everything in their store was mark with a price that was then scanned for 3-10 times as much, would you still be saying the same thing?

      Also, you say the the it is the total they think I should pay. Should I then counter offer what I think I should pay and regardless of the price tag? Maybe we should all be haggling there in line.

      “Anyway, if you don’t catch those mistakes (or cheats if you prefer) and demand a refund then too bad for you.”
      You agree that if they cheat me it is okay. Then you are unfamiliar with the word cheat.

      They need to be responsible for their pricing. I should check the totals and point out mistakes, but that does not relieve them of their responsibility.

    • Aaron Kingery

      “First off with rapid ROLL BACKS you know the ones people shop there for. even our high tech age can’t keep up with the speed.”
      Not the customers problem that they implemented a program they cannot manage. The customer did not institute Rapid Roll Back, Walmart did.

      ” Customer service will easily fix that she just wanted to waste lots of time and money for something she could have stood another 1-5 min in line for. People like this who make walmart seem more petty than it is. ”

      Why should she have to stand in line for an extra 1-5 minute to receive a price she was entitled to the entire time

      “You try running a store with willions and millions of products thousands of which are changing prices daily. Good luck keeping it up”
      I am up for it if I also make Billions of dollars for the problems it entails.

    • Ack

      COOOL LIGHTBOX POPUP VIDEO AD!  HERE’S AN ALL-CAPS COMMENT FOR YOU, AND A THUMBS DOWN IN STUMBLEUPON.   HAVE A NICE DAY.

    • Anonymous

      “Buying at a store is a 2 way transaction. Arriving at a proper
      price is as much YOUR responsibility as it is the store’s. They don’t
      point a gun at you and take your money.  They scan your items and tell
      you the total they *think* you should pay.”"This is total crap. They
      mark the item with a price. This marked price is there agreement to sell
      it to you at that price. Changing this price at the register is wasting
      my time as well as breaking an already arrived at agreement. What if
      everything in their store was mark with a price that was then scanned for 3-10 times as much, would you still be saying the same thing?But that’s not what happened here. They didn’t ask for 3-10 times as much, they asked for a mere 2 cents more. How about sticking to what happened and not flying off on some ridiculous tangent that didn’t happen.  I agree, the price marked on ther package should be the price at the checkout.  Now read this carefully and THINK, think hard, read it again.  They’re human,  They make mistakes. So do you.  Sometimes the price they put into the scanners is not the price they put on the package.  Why?  Because when the shelf stocker looks on his/her sheet of prices and dials the price into the label gun he uses to put the price on the package, he/she dials in the wrong price.  Read that again.  THINK.  Isn’t that just human error?  Are you so perfect that you could never make the same mistake? TINK and don’t say something as stupid as your last comment.  THINK this time.”Also, you say the the it is the total they think I should pay.
      Should I then counter offer what I think I should pay and regardless of
      the price tag? Maybe we should all be haggling there in line.”If you want to haggle in line and offer them a price below the price on the package then go for it.  I do and sometimes I get a discount.  Anything wrong with that?”Anyway, if you don’t catch those mistakes (or cheats if you prefer) and demand a refund then too bad for you.”"You agree that if they cheat me it is okay. Then you are unfamiliar with the word cheat.”No, I didn’t say it was OK.  Read what I said.  I said if you don’t catch the price error then it’s too bad for you. Look agai.  “OK” versus “too bad for you”. See how the words look and souind differently.”They
      need to be responsible for their pricing. I should check the totals and
      point out mistakes, but that does not relieve them of their
      responsibility.”Well it’s obvious you want them to never make a mistake so that you don’t have to go through the effort of checking prices.  You’re lazy. You’re living in a dream world.  Wake up and smell reality and take responsibility for  your part of the transaction. 

    • Anonymous

      The only thing worthless in this conversation is your attitude that suing stores can make their employees perfect so that they never put the wrong price on the package.  LOL!!! You’re an idiot.  I bet you’re so stupid you think you never make mistakes.

    • Anonymous

      “First off with rapid ROLL BACKS you know the ones people shop
      there for. even our high tech age can’t keep up with the speed.”

      “Not
      the customers problem that they implemented a program they cannot
      manage. The customer did not institute Rapid Roll Back, Walmart did.”

      Most of the time the program works as it should.  Other times human error causes price confusion.  Life’s a b1tch, eh?


      Customer service will easily fix that she just wanted to waste lots of
      time and money for something she could have stood another 1-5 min in
      line for. People like this who make walmart seem more petty than it is. ”

      “Why should she have to stand in line for an extra 1-5 minute to receive a price she was entitled to the entire time”

      Because people who work at Walmart make mistakes.  And she was too stupid to catch the mistake at the checkout so then her next sensible step was to go wait in the Customer Service line.  She had no problem spending more than an hour in litigation so your lame retort falls flat. 

      “You
      try running a store with willions and millions of products thousands of
      which are changing prices daily. Good luck keeping it up”

      “I am up for it if I also make Billions of dollars for the problems it entails.”

      You couldn’t run a popcorn stand.  You’re a moron who throws a sh1t fit just because people aren’t perfect.  Grow up.

    • Leohaywire

      I work at a Wal-Mart And I can honestly say we do not intentionally overcharge on any item.  Is there human error? Absolutely. And we bend over backwards to make amends. But for every honest mistake made by our associates there are many more customers who try to cheat the store at the customer service counter. If people only knew the scams they conjure up their heads would explode.

    • Follower8633

      A big part is how the system is too large to speculate what is really the motive behind these practices. Basic psychology proves the tendency for many more people than not to “go with the flow.” Path of least resistance applies to what I’m saying to mean that even if some people do notice the discrepancy, they would be reluctant to say anything so as to avoid possible conflict or hassle. I personally wouldn’t put it past any corporation that hires people who specifically figure out ways to convince people to spend as much as they can in their stores. Let us not forget that civil courts grant a semblance of justice in the form of financial remuneration to injured parties regardless of intention (obvious intention and severity of damage does grant larger decisions.) This serves as a way to bring a problem to the attention of an entity that CANNOT feel and only deals in dollars and cents. If it really happened (and happened or cost enough) I am sure they would find a way to not overlook it much at all (CEO’s have made their careers from noticing money being bled from their establishments.) Companies find all sorts of ways to cut out things that cost them money regardless of how inconvenient it is for all parties involved. Companies like Wal-Mart use the court system to recoup losses they acquire through fraud and deceit be it accidental or otherwise. Yes they pursue litigation when it is most convenient just like anyone else to ensure they are not left “holding the bag” among other reasons.  Also generally (from my limited understanding of civil law) the accused, if found to be the cause of harm, pays the costs of litigation.

    • Asdf

       Have you ever seen price mistakes in the consumers’ favor?

      Yeah, me either.


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